The accused cannot be deprived of the right to file a Special Leave Petition (SLP) solely on the basis of unsatisfactory jail conduct: Delhi High Court

The accused cannot be deprived of the right to file a Special Leave Petition (SLP) solely on the basis of unsatisfactory jail conduct: Delhi High Court

Case: VINOD KUMAR v. STATE (GNCT OF DELHI)

Coram: Justice Swarana Kanta Sharma

Case No.: W.P.(CRL) 3081/2023

Court Observation: “Courts have consistently emphasized that the right of a convict to file a Special Leave Petition challenging the dismissal of their criminal appeal by a High Court is crucial right. This right cannot be denied based on the availability of free legal aid in jail and the possibility of filing the SLP from the jail premises,”

“Therefore, this Court is of the opinion that the order impugned herein was an order passed in a mechanical manner, without appreciating the contents of nominal roll and the rules for grant of parole under the Delhi Prison Rules, 2018.”

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Keywords

The accused cannot be deprived of the right to file a Special Leave Petition (SLP)